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M/s Foremost Industries India Ltd, Adarsh Deve, General Manager, AC Gupta Versus Commissioner of Central Excise, Meerut-I

2015 (10) TMI 1350 - CESTAT NEW DELHI

Duty demand - Imposition of penalty - SSi exemption - Brand name - Held that:- There is no dispute for payment of duty which has fairly been admitted by the appellant that they are liable to pay duty. Therefore, the appellant shall pay duty along wit .....

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that the appellant is manufacturing Skimmed Milk Powder since 1968 under the brand name of "INDANA". Only for a short period of 47 days, the duty was levied on the said product, therefore, it cannot be said that the appellant was having any malafide .....

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posable on the appellants. - Demand of duty along with interest is confirmed - Decided partly in favour of assessee. - Excise Appeals Nos. E/3434, 3436 and 3437/2004 - Dated:- 12-8-2015 - Ashok Jindal, Member (J) And B Ravichandran, Member (T) For th .....

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case are that the main appellant was manufacturing Skimmed Milk Powder since 1968 under the brand name of "INDANA" which was the brand name of their another related concern, M/s. Indodan Industries Ltd., which was working since 1962. Since .....

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ed on Skimmed Milk Powder and the appellant filed a declaration before the Central Excise Authorities that they are manufacturing Skimmed Milk Powder under the brand name of "INDANA" which was owned by them as M/s. Indodan Industries Ltd. s .....

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demand of duty was confirmed along with interest and various penalties on all the appellants were imposed. Aggrieved from the said order, the appellants are before us. 2. Ld. Counsel for the appellant fairly conceded that as they were using the bran .....

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k the support of the order of BIFR dated 10.06.2010, wherein observations was given that the appellant be exempted from penal provisions from Central Excise Act. 3. On the other hand, Ld. Authorised Representative reiterated the findings in the impug .....

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